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Robert D. Wilson III

  • Partner

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Practice Areas

  • Employment Law
  • Labor and Employment
  • Arbitration
  • Mediation
  • Trial

Biography

Robert D. Wilson III is a seasoned, trial-focused employment litigator who concentrates on complex wage and hour class action litigation and PAGA representative actions under California’s Private Attorneys General Act (PAGA). Robert also litigates single-plaintiff FEHA employment cases involving claims of harassment, discrimination, retaliation and wrongful termination. Robert’s class and PAGA practice centers on systemic workplace violations by employers involving meal period and rest break compliance, minimum wage compliance, unreimbursed business expenses, regular rate compliance and large-scale employment practices affecting thousands of workers within California and across the nation.

Robert has been practicing employment law for over 25 years. He brings a strategic approach as a former big law defense Partner at national law firms Fisher Phillips and Gordon Rees. Robert was one of the lead attorneys in the landmark California Supreme Court case Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004 where he filed the case on behalf of employees and litigated to successful resolution. This landmark wage and hour class action addressed the proper interpretation of California’s meal and rest break statutes. In Brinker, the California Supreme Court articulated the standards on employee entitlements to, and employer obligations for, providing meal and rest breaks in California and more importantly, the availability of class action treatment for these claims. This landmark case ushered in today’s wage and hour class actions and PAGA environment benefiting employees throughout California. Robert represents both employees and employers. He has successfully litigated hundreds of wage and hour class actions against employers while also counseling employers on how to avoid wage and hour claims. Robert has certified multiple cases as class actions, and he has defeated motions for class certification when an employer intelligently selects him as their defense counsel.

Robert brings a disciplined trial architecture to every case. He develops structured evidence through strategic discovery and depositions, including depositions of corporate officers (PMK), compliance failure mapping, and damages modeling designed to withstand scrutiny in class certification motions and at trial. His litigation approach focuses on translating corporate policies, operational practices, and training systems into clear judicial findings and enforceable monetary, and injunctive relief, changing how employers operate vindicating the rights of employees.

Education

  • Albany Law School of Union University, Albany, New York
    • Juris Doctor
  • Northeastern University, Boston, Massachusetts
    • Bachelor of Science
    • Honors: With High Honors
    • Major: Business Administration

Bar Admissions

  • California
  • Arizona
  • Washington
  • New York
  • Massachusetts
  • U.S. District Court Southern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California

Honors

  • AV Preeminent® rating, Martindale-Hubbell, 2017 – Present
  • “Top Lawyer” in Employment Law, San Diego Magazine, 2017 – 2023
  • “Superb Attorney Rating” Avvo, 2019 – Present